Brodka and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning an alleged overpayment of Newstart allowance. The applicant, Ms Brodka, contested the Department of Social Services' determination that she was a member of a couple for the purposes of assessing her entitlement to the allowance.

The central legal issue before the Tribunal was whether Ms Brodka was, in fact, a member of a couple during the relevant period. This required an examination of the nature of her relationship, including its financial aspects and any other relevant factors that might indicate a de facto partnership.

The Tribunal affirmed the Department's decision, finding that Ms Brodka was a member of a couple. This conclusion was informed by an affidavit sworn by Ms Brodka in separate proceedings, in which she had stated that she was a member of a couple. The Tribunal considered this statement, along with other circumstances, in reaching its determination. The decision of the AAT was affirmed.